12 2008 respondent comelec issued resolution 8514 set

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Unformatted text preview: ented at the hearing of the case (Pantranco South Express, Inc. v Board of Transportaion, 191 SCRA 581,1991) 4. Determinative Powers Q: Define determinative powers. A: It is the power of administrative agencies to better enable them to exercise their quasi‐judicial authority. Q: What consisted determinative powers? A: DEDE_S 1. Enabling – Permits the doing of an act which the law undertakes to regulate and which would be unlawful without government approval. 2. Directing – Orders the doing or performance of particular acts to ensure the compliance with the law and are often exercised for corrective purposes. 3. Dispensing – To relax the general operation of a law or to exempt from general prohibition, or to relieve an individual or a corporation from an affirmative duty. 4. Examining – This is also called investigatory power. It requires production of books, papers, etc., the attendance of witnesses and compelling their testimony. 5. Summary – Power to apply compulsion or force against persons or property to effectuate a legal purpose without judicial warrants to authorize such actions. 152 d. JUDICIAL RECOURSE AND REVIEW 1. Doctrine of Primary Administrative Jurisdiction Q: What is the doctrine of primary jurisdiction or doctrine of prior resort? A: Under the principle of primary jurisdiction, courts cannot or will not determine a controversy involving question within the jurisdiction of an administrative body prior to the decision of that question by the administrative tribunal where: 1. The question demands administrative determination requiring special knowledge, experience and services of the administrative tribunal; 2. The question requires determination of technical and intricate issues of a fact; 3. The uniformity of ruling is essential to comply with purposes of the regulatory statute administered Note: In such instances, relief must first be obtained in administrative proceeding before a remedy will be supplied by the courts even though the matter is within the proper jurisdiction of a court. The judicial process is accordingly suspended pending referral of the claim to...
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